If the wife of a foreign diplomat who has diplomatic immunity gives birth in the United States, then the baby is not a citizen. We also can tell that a mother who enters the United States illegally is not “subject to the jurisdiction thereof.” I believe that the same is true for the unborn child, but suppose we do not know until the child is born. If the child ever commits a crime, then the child should be stripped of citizenship along with punishment for the crime. If the child shows allegiance to another country – by waving that flag – then the child should be stripped of citizenship.
Common sense fails many judges when they consider the words of the Constitution. In 1857, the U.S. Supreme Court decided in Dred Scott v. Sandford that no black person of African descent could be a citizen of the United States. Congress corrected this horrendous decision with the Civil Rights Act of 1866. The peoples’ House is where such issues should be debated and settled.
The problem is that laws are not being enforced. We no longer have rule of law. We are ruled by bureaucrats and judges who ignore the law or refuse to enforce it.